(PC) Howard v. Aryad ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GREGORY EUGENE HOWARD, No. 2:20-cv-00081-TLN-AC 12 Plaintiff, 13 v. ORDER 14 DR. ARYAD, et al., 15 Defendants. 16 17 Plaintiff Gregory Eugene Howard (“Plaintiff”), a state prisoner proceeding pro se, has 18 filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a 19 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On July 1, 2021, the magistrate judge issued findings and recommendations herein which 21 were served on Plaintiff and which contained notice to Plaintiff that any objections to the findings 22 and recommendations were to be filed within twenty-one days. (ECF No. 9.) Plaintiff has not 23 filed timely objections to the findings and recommendations. 24 The Court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). 27 The Court has reviewed the file and finds the findings and recommendations to be 28 supported by the record and by the magistrate judge’s analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations issued July 1, 2021 (ECF No. 9), are ADOPTED 3 | IN FULL; and 4 2. This action is DISMISSED as duplicative of Howard v. Aryad et al., No. 2:19-cv- 5 | 02062-KJM-CKD. 6 IT IS SO ORDERED. 4 8 | DATED: August 4, 2021 9 /) 10 “ \/ bu i LN Troy L. Nunley> } 12 United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28